After recently defeating one of the greatest NBA dynasties on the court, Raptors star and NBA Finals MVP, Kawhi Leonard is set to take on one of the world’s largest brands off the court. On June 3, in the middle of the NBA Finals, Leonard filed a lawsuit in the U.S. District Court of California […]
As we settle into 2019, we look forward to topping the successes of the last year! Ten years ago IP Osgoode, Osgoode’s flagship Intellectual Property Law and Technology Program, was launched with the dream of creating a vibrant community to engage in balanced and objective research, and offer new and unexplored viewpoints to public policy […]
British fashion-house Burberry is known for its $500 scarves, which are easily recognizable thanks to the brand’s iconic checked pattern. However, with the rise of high-quality imitation designer products, it has become incredibly difficult to tell whether a designer item is counterfeit or not. In particular, imitations of the famous Burberry scarf are rampant at […]
The Supreme Court of the United States’ decision in the 2017 case of Matal v Tam (“Matal”) has important implications for trademark law inside and outside of the United States.” In ruling that the Lanham Act’s “non-disparagement” provision violated the First Amendment, the Court affirmed the decision of the Court of Appeal for the Federal […]
On Friday, May 19th, Hasbro announced that the characteristic scent of their well-known Play-Doh product has been officially recognized by the United States Patent and Trademark Office as a registered trademark of the brand. This presents a major step forward in the evolution of “scent trademarks”, with Hasbro being by far the largest corporation to […]
The deadline to submit an entry for the 10th annual Canada’s IP Writing Challenge is on July 1st, 2018! The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal.
From trademarking your logo to potentially patenting your items (a newer – yet narrowly used – method of protecting your unique fashion designs), there are various ways that start-ups and young companies in Canada can protect their intellectual property (IP) prior to diving into the competitive realm of fashion. Unfortunately, the Canadian fashion industry has […]
This past year marks a year where the Government of Canada engaged more than ever on the IP front. The Government of Canada’s announcement of a National IP Strategy was welcome news for those interested in leveraging Canada’s intangible capital. As I noted on The Agenda with Steve Paikin, it was a “hallelujah” moment for […]
What’s in a name? In the craft beer industry, evidently, a lot. As craft beer’s popularity rises in North America, new breweries and tasty beers are popping up around the continent. But so are numerous legal claims over trademark infringement. Breweries often opt for pun-based brand names, and legal disputes are increasing as these puns […]
Is there any chocolate bar more recognizable than the KitKat? Maybe, but that does not make it special according to the recent decision from the Court of Justice of the European Union (“CJEU”) in Société des Produits Nestlé SA v Cadbury UK Ltd [Nestlé]. Nestlé has produced the KitKat chocolate bar for over 80 years. In 2010, the company filed an application […]